STATE v. A.N.W. SEED CORPORATION

No. 56956-8.

116 Wn.2d 39 (1991)

802 P.2d 1353

THE STATE OF WASHINGTON, Petitioner, v. A.N.W. SEED CORPORATION, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

January 10, 1991.


Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, Owen F. Clarke, Jr., Senior Assistant, and Michael E. Grant, Assistant, for petitioner.

Kargianis, Austin & Erickson, by Russell A. Austin, Jr., and Jeffery M. Campiche, for respondents.


BRACHTENBACH, J.

Three issues are presented:

1. When a plaintiff executes on an unsuperseded judgment which is later reversed on appeal, what is the measure of restitution to be made by the judgment creditor — proceeds of the sheriff's sale or fair market value of the property sold?

2. Under the Consumer Protection Act, RCW 19.86, where the trial court found no intent to deceive and the consumers who...

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